Williams v. Geico Corp..

• Decision Date: 20 June 2011
• Docket Number: Civil Action No. 10–01420(JDB).
• Citation: 79 Fed.R.Serv.3d 1493,792 F.Supp.2d 58,24 A.D. Cases 1707
• Court: U.S. District Court — District of Columbia
• Parties: Rodney WILLIAMS, Plaintiff,v.GEICO CORPORATION, Defendant.

792 F.Supp.2d 58

79 Fed.R.Serv.3d 1493

24 A.D. Cases 1707

Rodney WILLIAMS, Plaintiff,

v.GEICO CORPORATION, Defendant.

Civil Action No. 10–01420(JDB).

United States District Court, District of Columbia.

June 20, 2011.

Ardra M. O'Neal, Washington, DC, for Plaintiff.Bruce Stephen Harrison, Shawe & Rosenthal, LLP, Baltimore, MD, for Defendant.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

Plaintiff Rodney Williams (“Williams”) brings this action against his former employer, the Government Employees Insurance Company (“GEICO”), alleging violations of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12112. GEICO has filed a motion to dismiss for insufficient service of process and, in the alternative, moves to dismiss or transfer for improper venue. For the reasons explained below, the Court will deny the motion to dismiss and instead will transfer this action to the United States District Court for the District of Maryland pursuant to 28 U.S.C. § 1406(a).

BACKGROUND

I. Factual Background

Williams worked as a systems technician for GEICO from June 2008 until April 2009. Compl. ¶ 9 [Docket Entry 1]. In early 2009, Williams was hospitalized three times for complications relating to congestive heart failure, and he was forced to miss several days of work. Id. ¶¶ 10–12. On April 8, 2009, Williams called in sick to work. Id. ¶ 16. GEICO terminated his employment the following day. Id. Williams alleges that GEICO fired him because of his medical disabilities. Id. ¶ 18.

Williams has exhausted his administrative remedies. Id. ¶ 2. He alleges that he filed a claim with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of his termination from GEICO on April 9, 2009. Id. ¶ 6, 17. He further alleges that the EEOC issued him a right-to-sue notice on May 25, 2010 and that he filed his claim in district court within 90 days from receipt of the notice. Id.

The parties agree that defendant is a Maryland corporation. Def.'s Mot. to Dismiss or Transfer Venue (“Def. Mot.”) [Docket Entry 3] at 2. Nonetheless, Williams alleges that his “employment was based in the District of Columbia” and that “the decision to terminate his employment[ ] occurred in the District of Columbia.” Compl. ¶ 8. GEICO, on the other hand, asserts that Williams worked at its headquarters in Chevy Chase, Maryland, throughout his employment with the company and that all decisions concerning his employment occurred in Maryland. Def. Mot. at 2.

The affidavit of service filed by Williams states that he served defendant at 1 GEICO Plaza in Chevy Chase, Maryland. Aff. Service [Docket Entry 2]. Plaintiff hired a process server, who states that he informed the guard on duty at GEICO headquarters that he was there to serve process on GEICO. Carter Decl. ¶ 2, Pl. Opp'n to Def.'s Mot. to Dismiss or Transfer (“Pl. Opp'n”), Ex. A [Docket Entry 4–1]. According to the process server, the guard called the general counsel's office, and a woman came to meet him who reviewed the summons and complaint, gave the process server her name, and accepted the documents. Id. ¶ 3–4. He claims the woman said she was a “legal officer” with GEICO.¹

The affidavit of Estela Turlik (“Turlik”) filed by defendant states that Turlik is an executive secretary in GEICO's general counsel's office and that she received the summons and complaint from a man in GEICO's lobby on September 2, 2010. Turlik Aff. ¶¶ 3, 8–10, Def. Mot., Ex. 1 [Docket Entry 3–2]. It further states that the man did not identify himself. Id. ¶ 9. Turlik asserts she has no say in the operations, management, or business decisions of GEICO and is not an agent authorized by appointment or law to receive service of process. Id. ¶¶ 6–7.

STANDARD OF REVIEW

“In considering a Rule 12(b)(3) motion, the court accepts the plaintiff's well-pled factual allegations regarding venue as true, draws all reasonable inferences from those allegations in the plaintiff's favor, and resolves any factual conflicts in the plaintiff's favor.” Pendleton v. Mukasey, 552 F.Supp.2d 14, 17 (D.D.C.2008) (citing Darby v. U.S. Dep't of Energy, 231 F.Supp.2d 274, 276–77 (D.D.C.2002)). The court need not, however, accept the plaintiff's legal conclusions as true, Darby, 231 F.Supp.2d at 277, and may consider material outside of the pleadings, Artis v. Greenspan, 223 F.Supp.2d 149, 152 (D.D.C.2002) (citing Land v. Dollar, 330 U.S. 731, 735 n. 4, 67 S.Ct. 1009, 91 L.Ed. 1209 (1947)). “Because it is the plaintiff's obligation to institute the action in a permissible forum, the plaintiff usually bears the burden of establishing that venue is proper.” Freeman v. Fallin, 254 F.Supp.2d 52, 56 (D.D.C.2003); 15 Charles Alan Wright et al., Federal Practice and Procedure § 3826, at 258 (2d ed. 1986 & Supp.2006) (“[W]hen [an] objection has been raised, the burden is on the plaintiff to establish that the district he chose is a proper venue.”). Unless there are pertinent factual disputes to resolve, a challenge to venue presents a pure question of law.

DISCUSSION

I. Venue

Defendant moves to dismiss or transfer plaintiff's claim for improper venue. Def. Mot. at 4; see Fed.R.Civ.P. 12(b)(3). The Rehabilitation Act and Americans with Disabilities Act adopt the special venue provision of Title VII of the Civil Rights Act of 1964. 29 U.S.C. § 794(d); 42 U.S.C. § 12117(a). Title VII's venue provision “limit[s] venue to the judicial district concerned with the alleged discrimination,” Stebbins v. State Farm Mut. Auto. Ins. Co., 413 F.2d 1100, 1102 (D.C.Cir.1969), and permits venue in up to four different jurisdictions:

[1] in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, [2] in the judicial district in which the employment records relevant to such practice are maintained and administered, or [3] in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, [4] but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office.

42 U.S.C. § 2000e–5(f)(3). Defendant contends that the District of Maryland, rather than the District of Columbia, is the only proper venue for this action. See Def. Mot. at 4. The Court agrees.A. Where the Alleged Unlawful Employment Practice Was Committed

Here, the alleged unlawful employment practice occurred when GEICO terminated Williams' employment. In his complaint, plaintiff alleges the decision to terminate his employment was made in the District of Columbia. Compl. ¶ 2. GEICO avers that this decision was in fact made in Maryland. Def. Mot. at 4; Carter Aff. ¶ 11, Def. Mot., Ex. 2 [Docket Entry 3–3]. Williams, in opposing GEICO's motion, does not refute this. See Pl. Opp'n 7. “It is well understood in this Circuit that when a plaintiff files an opposition to a dispositive motion and addresses only certain arguments raised by the defendant, a court may treat those arguments that the plaintiff failed to address as conceded.” Laukus v. United States, 691 F.Supp.2d 119, 127 (D.D.C.2010); accord Day v. D.C. Dep't of Consumer & Regulatory Affairs, 191 F.Supp.2d 154 (D.D.C.2002) (“If a party fails to counter an argument that the opposing party makes in a motion, the court may treat that argument as conceded.”). Hence, the Court finds that the decision to terminate plaintiff's employment occurred in Maryland and that venue in this district is improper under Title VII's first venue provision.

B. Where the Relevant Employment Records are Maintained

GEICO also asserts that the records concerning plaintiff's employment are housed in Chevy Chase, Maryland. Def. Mot. at 4; Carter Aff. ¶ 10. Williams does not contest this. See Pl. Opp'n at 7. Hence, venue in the District of Columbia is improper under Title VII's second venue provision as well.

C. Where Plaintiff Would Have Worked but for the Alleged Unlawful Employment Practice

Williams alleges his employment “was based” in the District of Columbia, Compl. ¶ 8, but GEICO asserts that he worked at GEICO's headquarters in Chevy Chase, Maryland throughout his employment. Def. Mot. at 4; Carter Aff. ¶ 9. Once again, in his opposition to defendant's motion, Williams not dispute this. See Pl. Opp'n 7. The Court finds that Williams would have worked at GEICO's office in Chevy Chase, Maryland had he not been fired. Hence, venue in the District of Columbia is also improper under the third venue provision.

D. Judicial District in which Defendant has its Principal Office

The Court may only consider venue in the location of the defendant's principal office “if the respondent is not found within [a district in the first three categories].” 42 U.S.C. § 2000e–5(f)(3). GEICO is a Maryland corporation with its principal place of business in Maryland. Carter Aff. ¶ 5. Because GEICO can be found in a judicial district described by the first three provisions of § 2000e–5(f)(3), the Court need not consider the fourth venue provision of Title VII. But if the Court were to do so, it would conclude that venue is improper in the District of Columbia because GEICO's principal office is in the District of Maryland.

E. Venue is Improper in the District of Columbia

Williams contends that venue is proper in the District of Columbia because GEICO holds a subsidiary corporation in the District of Columbia ² and because GEICO's business in the District of Columbia subjects it to personal jurisdiction in the District. Pl. Opp'n at 7. These arguments are unavailing. Even if GEICO held a subsidiary corporation in the District of Columbia, neither owning a subsidiary entity in a judicial district nor transacting business in a judicial district is sufficient to establish venue under Title VII. See 42 U.S.C. § 2000e–5(f)(3). And even under the general venue statute—which is not applicable here—establishing personal jurisdiction over a...